These proceedings were placed before me on automatic review in terms of Section 57 of the Magistrates Court Act [Chapter 7:10] (“the MCA”).
[1]The offender appeared before the court of a regional magistrate facing a count of attempted rape as defined in terms of section 189 as read with section 65 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the CODE”) and another of aggravated indecent assault as defined in section 66 (1) (a) of the same CODE. He pleaded not guilty to both the charges but was convicted after a full trial. He was sentenced,... More
Two people were savagely stabbed by a sharp unspecified object on the night of the 25th of April 2025, around 9pm close to Kuwadzana Shops in Banket. One of the victims of the attack, a male adult, died after staggering a few paces from the scene of the stabbing. The other one, a female aged 37 years was seriously slit on both hands, under the right-hand arm pit and the left-hand wrist and hospitalised. The State case is made out of the evidence of this surviving witness which also led to the arrest and arraignment of the accused before this... More
This matter once again rekindles the age -old debate on the extent to which a court may disregard or otherwise depart from the findings of an expert in a criminal trial. The record of proceedings was referred to this court of review accompanied by a note by the regional magistrate who presided over the trial. The first two paragraphs of the minute read:
“I am the trial magistrate in this case. I forward this record for review as a result of an administrative instruction on 19 September 2024 for me to do so. The basis of the review as per... More
This case makes sad reading. In one way or another, many people and institutions appear culpable for the death of Talitakumi Mangena, an infant aged only seven months and the subsequent charges of murder against Felistas Mpofu (the offender) who was its mother. The offender grew up as an orphan. Both her parents died when she knew nothing. She said she was then raised by her mother’s brother. She dropped out of school at form two presumably because the uncle could not afford her tuition. She sought employment and became a shopkeeper at a business centre called Mberengwa Turn Off.... More
If it is true that on some day God will destroy the world, then that time is nigh. Some of the crimes that we preside over suggest that Armageddon is imminent. Tapiwa Mereka (the offender) has a head but it is doubtful that he has a brain inside it. If he does, then his mind is so perverted and depraved that he should not be living amongst human beings. The crime that he committed is unconscionable and would possibly win an Oscar award for horror movies. Every one of us who took part in the trial would be thinking about... More
This review judgment addresses the case of the State versus Anesu Bhobho, convicted under s 70(1)(a) of the Criminal Law Codification and Reform Act [Chapter 9:23], which pertains to the offense of having sexual intercourse with a young person. The Magistrates Court, on 10 February 2025, sentenced the offender to 24 months of imprisonment with 12 months suspended leaving an effective jail term of 12 months. The reasons given for opting for a custodial sentence were cursorily captured as follows; “However owing to the seriousness of the offence and its prevalence the court will settle for a custodial sentence as... More
The record of this matter was placed before me for review. Accused
was charged of 4 counts of contravening section 89 (1) of the Criminal Law (Codification and Reform) Act [chapter 9: 23]. He was convicted on all counts. The conviction is proper. There is however an issue on the sentence on count 3 and 4 on the Review cover. More
